New Delhi [India], April 12 : Delhi's Patiala House Court has granted a default bail to Mohd. Shahbaz Ansari, an accused in Al-Qaida in the Indian Subcontinent (AQIS) Jharkhand module Training module case. He has been granted bail in view of the non-filing of the chargesheet in the prescribed 90-day statutory period under the anti-terror law Unlawful Activities (Prevention) Act.
Ansari was arrested on January 10, 2025. The court noted that the Delhi Police have not moved any application seeking an extension of the Investigation Period beyond 90 days.
Additional Sessions Judge (ASJ) Dr Hardeep Kaur, after considering all the facts, granted bail to Mohd. Shahbaz Ansari is subject to certain conditions.
While granting bail to Ansari, the court observed, "Despite the lapse of the statutory time period of 90 days, neither the charge sheet in the instant matter nor any application for extension of the period of investigation was filed."
The court further noted the submissions of the Prosecution that the investigation related to Ansari is still pending.
ASJ Hardeep Kaur said, "In my considered opinion, there is no embargo on the powers of the investigating agency to investigate the matter further, however, after the lapse of statutory time, the applicant/ accused is entitled for statutory bail."
"Consequently, applicant/accused Mohd. Shahbaz Ansari is admitted to default bail on his furnishing bail bond in the sum of Rs 50,000 with two sureties each in the like amount," the court ordered on April 9.
Advocate Abu Bakr Sabbaq had moved an application on behalf of Mohd. Shahbaz Ansari is seeking default bail.
Counsel for the accused submitted that he was arrested in the present case on January 10, 2025. In terms of Section 187 BNSS, a chargesheet or final report was to be filed within a period of 90 days. Same has not been done.
Advocate Sabbaq further submitted that the investigating agency is not seeking further time and extension of investigations based on the satisfaction of the Public Prosecutor report and satisfaction as per established law.
He also submitted that Ansari has been implicated in this false case and nothing incriminating has been recovered from their possession in front of independent public witnesses.
On the other hand, Additional Public Prosecutor (APP) opposed the default bail application on the ground that accused is member of highly radicalized Jharkhand based group headed by Dr Ishtiyaq and pursuant to input and technical surveillance that some members of the group have come to Bhiwadi Rajasthan for taking weapon training and conspiracy of the same is hatched in Ranchi, Jharkhand, raids were conducted accused persons were arrested including Ansari.
In this case, Dr Ishtiyaq has moved a bail application, and the same is pending before the court.
He has sought bail on the ground that the charge sheet has been filed without mandatory sanction for Prosecution under UAPA. He is alleged to be leader of the module.
On February 17, 2025, Delhi police filed a charge sheet against 8 accused person including Dr Ishtiyaq of Ranchi arrested in AQIS's Jharkhand Training Module case.
This matter is at the stage of Cognizance of the charge sheet. The court was informed by Delhi Police that sanction under UAPA is still awaited.
Dr Ishtiyaq and other accused persons were arrested on August 22, 2024. In this case accused include Dr Ishtiyaq of Ranchi.
It is alleged that members of the module have received indoctrination and weapons training at various locations.